[Amended 11-2-1972]
It shall be unlawful for any person or any body
corporate to conduct a retail food establishment as defined in and
governed by Chapter XII of the State Sanitary Code, Construction,
Operation and Maintenance of Retail Food Establishments, without first
having procured a license from the local Board of Health so to do
or without complying with any or all of the provisions concerning
operation and maintenance of the same as contained in the aforementioned
Chapter XII of the State Sanitary Code.
[Amended 11-16-1983; 4-6-1989; 12-8-1994; 10-1-1998; 10-7-2004; 10-13-2016]
A. The fees for the licensing of retail food establishments
are hereby fixed as follows:
Establishment
|
Fee
|
---|
Bakeries
|
$300
|
Butcher shops
|
$250
|
Confectioners
|
$200
|
Delicatessens
|
$300
|
Establishments that only sell prepacked or unpackaged
non-potentially-hazardous foods, coffee or prepackaged ice cream as
a supplement to the primary business
|
$150
|
Food establishment not otherwise listed
|
$250
|
Home delivery food trucks
|
$100
|
Home delivery milk trucks
|
$50
|
Ice cream stores
|
$200
|
Ice cream trucks
|
$100
|
Liquor stores/taverns not serving food
|
$200
|
Mobile vendors
|
$175
|
Nursery school
|
$100
|
Nursing homes
|
|
1 to 50 beds
|
$200
|
50 to 100 beds
|
$225
|
100 to 200 beds
|
$275
|
200 to 300 beds
|
$350
|
300 beds and over
|
$500
|
Produce markets
|
$200
|
Religious, civic or nonprofit organizations
|
No fee
|
Restaurants, banquet facilities or industrial/institutional
cafeterias, according to seating capacity:
|
|
0 to 25 persons
|
$275
|
26 to 50 persons
|
$300
|
51 to 100 persons
|
$350
|
101 persons and over
|
$500
|
Seasonal food operators (nonmobile)
|
$200
|
Snack bars located within another business for
the convenience of the patrons, providing food primarily for on-the-premises
consumption
|
$200
|
Special event food permit
|
$50
|
Supermarkets, grocery, retail food warehouses
and convenience stores
|
|
Maximum dwelling area of 5,000 square
feet
|
$200
|
Each additional 5,000 square feet
or fraction thereof
|
$150
|
Maximum fee
|
$600
|
Vending machines
|
$25
|
Soda, snack, coffee or other non-potentially-hazardous
food
|
$35
|
Sandwiches, milk, ice cream or other
potentially hazardous food
|
$35
|
B. Penalties. There shall be charged a penalty for license fees received after the 10th day following the expiration dates as stipulated in this §
210-2. Nothing herein shall be construed to extend the time in which fees are payable.
(1) License fees of $100 or less shall be assessed a penalty
of $50 for a period not to exceed 30 days after the license expiration
date. Penalties shall be assessed at an additional $50 for each thirty-day
period, or portion thereof, after the initial penalty period.
(2) License fees of $101 or more shall be assessed a penalty
of $100 for a period not to exceed 30 days after the license expiration
date. Penalties shall be assessed at an additional $100 for each thirty-day
period, or portion thereof, after the initial penalty period.
(3) All penalty fees shall be paid inclusive with the
initial license fee.
[Amended 11-2-1972]
Any license issued under the terms and provisions
of this article may be suspended or revoked by the Board of Health
of this municipality for the violation of the licensee of any provision
of this article or Chapter XII of the State Sanitary Code or whenever
it shall appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States, the State of New Jersey or any ordinance
of this municipality or that the person or persons conducting the
retail food establishment are of an unfit character to conduct the
same or that the purpose for which the license has been issued is
being abused to the detriment of the public or is being used for a
purpose foreign to that for which the license was issued.
[Amended 11-2-1972]
A license issued under the terms and provisions
of this article shall not be revoked, canceled or suspended until
a hearing thereon shall have been had by the Board of Health. Written
notice of the time and place of such hearing shall be served upon
the licensee at least three days prior to the date set for such hearing.
Such notice shall also contain a brief statement of the grounds to
be relied upon for revoking, canceling or suspending such license.
Notice may be given either by personal delivery thereof to the person
to be notified or be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to such person to be
notified at the business address appearing upon said license. At the
hearing before the Board of Health, the person aggrieved shall have
an opportunity to answer and may thereafter be heard, and upon due
consideration and deliberation by the Board of Health, the complaint
may be dismissed, or, if the governing body concludes that the charges
have been sustained and substantiated, it may revoke, cancel or suspend
the license held by the licensee.
[Amended 11-2-1972]
If any such license shall have been revoked,
neither the holder thereof nor any person acting for him directly
or indirectly shall be entitled to another license to carry on the
same business within the city unless the application for such license
shall be approved by the Board of Health.
No provision of this article shall be applied
so as to impose any unlawful burden on either interstate commerce
or any activity of the state or federal government.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine not to exceed $200 or by imprisonment in the county jail
for a period not to exceed 90 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this article, and each
day the same is violated, shall be deemed and taken to be a separate
and distinct offense.